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HomeMy WebLinkAboutCC Min 1987-02-23 I I I 1 2-9-87 / 2-23-B7 , ADJOURNMENT Wilson moved, 7:46 p.m. AYES: NOES: second by Bunt, to adjourn the meeting at Clift, Grgas, Hunt, Risner, Wilson None Motion carried t!? Clerk and ex- . '0 clerk of the Beach City Council Approved: ~~~ 9A~'1'l1 ?-/1. City Cl Attest: Seal Beach, California February 23, 1987 The City Council of the City of Seal Beach met in session at 7:03 p.m. with Mayor Clift calling the order with the Salute to the Flag. regular meeting to ROLL CALL Present: Mayor Clift Councilmembers Hunt, Risner, Wilson Absent: Councilmember Grgas Councilman Grgas arrived at the meeting at 7:15 p.m. Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Risner, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried REOUEST - SEAL BEACH MERCHANTS ASSOCIATION - EASTER PARADE Mr. Jim Klisanin, Easter Parade Chairman, presented a request of the Seal Beach Merchants Association for City services in conjunction with the 7th annual Easter Parade, the cost of those services estimated to be $1800. In response to a question of Council, the City Attorney advised that since this activity has become an annual community event and has no specific religious reference, the parade would appear to meet the constitutional test for separation of church and state. 2-23-B7 Risner moved, second by Wilson, to approve the request for City participation in support of the Easter Parade in an amount not to exceed $1800. Councilman Hunt noted his philosophical opposition to th~ use of City funds for this type of community activity, however indicated he could support the expenditure if it could be sbown that there is some return to the City. Mayor Clift pointed out that there is a benefit derived from I persons visiting the community and the expenditures that may in turn be made. The City Manager explained that the staff anticipates that the services requested will be accomplished by existing on-duty staff and through work rescheduling, with the exception of some overtime costs for police services, therefore ~ecreasing any direct expenditure. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Councilman Grgas arrived at 7:15 p.m. PRESENTATION - UNITED WAY CENTENNIAL SANDCASTLE EVENT Ms. Joyce Fruhlinger, Events Coordinator for United Way of Orange County and Mr. Ken Trollin, volunteer, presented an overview of the Centennial Sandcastle Event proposed by United Way to be conducted in Seal Beach from September 14th through September 23rd, and specifically described the site plan, the proposed conduct and schedule of activities, as well as community participation in conjunction with this event. Council noted that a workshop had recently been conducted by United Way for the purpose of informing the community of this proposed activity. It was suggested that the Seal Beach Coordinating Council be contacted with regard I to participation by community organizations. In response to concerns that had been previously expressed, Mr. Trollin confirmed that adequate restroom facilities would be provided and advised that the City Manager had been provided with the required insurance documentation. Risner moved, second by Wilson, to direct that the activity request permit for the United Way Centennial Sandcastle Event be approved. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried PROCLAMATIONS Mayor Clift proclaimed the month of February, 1987 as "California Community College Month." The Mayor proclaimed March 12, 1987 as "Anti-Apartheid Day." ORDINANCE NUMBER 1239 - ESTABLISHING DEFINITION OF ROOF SIGN and REGULATIONS FOR DESIGNATING HISTORIC SIGNS Ordinance Number 1239 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING A DEFINITION FOR "ROOF SIGN" AND SPECIFIC PROCEDURES FOR DESIGNATING HISTORIC SIGNS AND AMENDING THE SEAL BEACH MUNICIPAL CODE." By unanimous consent, full I reading of Ordinance Number 1239 was waived. Risner moved, second by Wilson, to adopt Ordinance Number 1239 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried , . 2-23-B7 I RESOLUTION NUMBER 3665 - AGREEMENT - MAINTENANCE OF STATE HIGHWAYS Resolution Number 3665 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SEAL BEACH." MayOr Clift noted xhat an extensive research memorandum from the City Attorney had been provided the Council relating to this matter: Considerable discussion followed regarding the potential for City liability, with or without an agreement with the State for maintenance of Pacific Coast Highway. The City Attorney clarified that if the City does not a have a maintenance agreement for the subject highway, such maintenance would fall under the"responsibility and control of CalTrans, therefore the City would not realize the potential for liability arising from such maintenance, however noted that the City would in turn be relinquishing control over the level of maintenance of that street. With regard to maintenance of the landscaped median divider, staff noted that to the extent that the median requires a higher level of maintenance than CalTrans would provide or require, the City could continue to maintain the median and would therefore assume liability directly relating to maintenance of that median. The City Attorney confirmed that the proposed agreement does cover maintenance of illumination equipment, and further, that the City Engineer had advised that traffic signals are covered by separate agreement. There was also discussion relating to the financial consideration reflected in the proposed agreement for reimbursement by the State of routine maintenance expenses, as well as expenses that have been incurred for special maintenance projects and requiring CalTrans approval for recovery of any portion of those costs. Councilmember Risner suggested that until there are sufficient hold harmless provisions from the State, where the City would be assuming all of the responsibility and liability for maintenance of the State highway with the execution of the agreement, that the proposed agreement should not be approved and the existing agreement cancelled. The City Manager stated he did not foresee any probability of greater risk of liability with the execution of the proposed agreement than the City has experienced in the recent past, pointing out that the City would always realize some degree of liability whether or not a maintenance agreement is in effect, and further noted that the construction of the safety barrier on the Highway east of Seal Beach Boulevard has resulted in a substantial reduction of potential conflict and liability, also that previous claims filed with .the City have been premised on design error rather than maintenance, which is an area of CalTrans responsibility. I I After further discussion, Councilmember Risner moved that the City not enter into the agreement with the State Department of Transportation for maintenance of Pacific Coast Highway, and that the existing 1969 maintenance agreement be cancelled, subject to a report from the City Attorney regarding the cancellation provisions of that agreement. Mayor Clift seconded the motion. The City Attorney advised that he would also review and report to Council any agreement that may exist pertaining to the maintenance of the landscaped median. Councilmember Risner suggested a point of clarification also may be in order that the City does not assume maintenance of the 22, 405 or 605 highways. 2-23-87 AYES: NOES: Clift, Grgas, Risner, Wilson Hunt Motion carried RESOLUTION NUMBER 3672 - OPPOSING ACA 4 - SALES AND USE TAX ON UTILITIES Resolution Number 3672 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOSING ASSEMBLY CONSTITUTION AMENDMENT 4 (MOORE)." By unanimous consent, full reading of Resolution Number 3672 1- was waived. The Assistant City Manager reported that ACA 4 proposes to exempt electricity, gas, water and telephone service furnished for residential use from sales and use taxes. Mr. Joseph reported the League of California Cities has urged opposition to ACA 4, and noted that the loss to the City of Seal Beach could be up to $800,000 annually. Risner moved, second by Clift, to adopt Resolution Number 3672. Councilman Hunt advised he was taking a position in favor of ACA 4 based upon his opposition to imposing taxation on food and vital services. AYES: NOES: Clift, Grgas, Risner, Wilson Hunt Motion carried RESOLUTION NUMBER 3673 - PROTECTION OF COASTAL RESOURCES - OFFSHORE OIL EXPLORATION AND DRILLING Resolution Number 3673 was presented to Council and read in full by Councilman Grgas entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING FOR THE PROTECTION OF COASTAL RESOURCES FROM OFFSHORE OIL EXPLORATION AND DRILLING." Councilman Grgas pointed out that opposition to Interior Secretary_Hodel's five year Outer Continental Shelf Oil Leasing Program has been expressed by numerous cities, legislators and organizations, and noted specifically that offshore Seal Beach remains within an area proposed for lease and exploration, and urged Council support of the proposed Resolution and moved its adoption. Upon further discussion, Councilmember Risner proposed amended wording of the Resolution, with Councilman Grgas accepting same. Councilman Hunt noted the input and lengthy study this issue has received during recent years, and conveyed his support for Secretary Hodel's Plan. Councilmember Wilson expressed her feeling that oil exploration should not be hindered due to a small number of adverse experiences in the past. Councilmember Risner seconded the motion to adopt Resolution Number 3673 as amended, the last "Whereas" to read "the City of Seal Beach wishes to demonstrate an expression of concern about proposed five year Outer Continental Shelf Leasing program," and the "Resolved" clause to read "that the City Council of the City of Seal Beach does hereby call for reevaluation of the proposed five year Plan to exclude environmentally sensitive areas, including those along the Orange County coastline." AYES: NOES: Clift, Grgas, Risner Hunt, Wilson Motion carried The Mayor declared a recess at 8:16 p.m. The Council reconvened at 8:25 p.m. with Mayor Clift calling the meeting to order. CONSENT CALENDAR - ITEMS "I" THROUGH "p" Councilmember Risner requested Items "I" and "0" removed from the Consent Calendar. Wilson moved, second by Hunt, to approve the recommended action for items on the Consent Calendar, except Items "I" and "0", as presented. 1 I 2-23-87 I J. Approved the minutes of the regular adjourned meeting of February 2, 1987. K. Approved the minutes of the regular meeting of February 9, 1987. L. Approved regular demands numbered 63964 through 64052 in the amount of $220,219.79, and payroll demands numbered 24234 through 24388 in the amount of $148,064.39 as approved by the Finance Committee, and authorized warrants to be drawn 'on the Treasury for same. M. Denied the claim for damages of Sandra Ivins and referred same to the City's liability adjuster. N. Denied the claim for damages of Patricia Ivins and referred same to the City's insurance adjuster. P. Declared a vacancy on the Civil Service Board from Councilmanic District One for the unexpired term ending July 1991. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "I" - APPROVAL OF MINUTES Councilmembers Grgas and Risner abstained from voting on the approval of the January 26, 1987 minutes as they were absent from that meeting. Wilson moved, second by Hunt, to approve the minutes of the January 26th regular City Council meeting. AYES: NOES: ABSTAIN: Clift, Hunt, Wilson None Grgas, Risner Motion carried ITEM "0" - AWARD OF BID - SIDEWALK RECONSTRUCTION - PROJECT NUMBER 579 Councilmember Risner requested that the Council be provided with a list of the sidewalk locations proposed for repair under this project. Bids were received until 11:00 a.m., February 17, 1987 for Sidewalk Reconstruction, Project Number 579, at which time they were publicly opened by the City Clerk as follows: Arm & Hammer Concrete Removal FAV Engineering Kalebjian Engineering Gateway Construction, Inc. Bruce Paving Company Pinco Construction Company $26,952.50 31,625.00 34,750.00 37,462.50 38,312.50 43,627.25 I Risner moved, second by Wilson, to award the bid to the low bidder, Arm & Hammer Concrete Removal, in the amount of $26,952.50, and authorized the City Manager to execute the contract on behalf of the City. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 2-23-B7 REPORT - INITIATIVE ORDINANCE The City Attorney stated that at the request of the City Council a report was prepared regarding the SPRING Initiative, specifically an analysis of that portion of the Initiative dealing with the Zoeter School site. He noted that the City had been previously informed that due to changes in State law with regard to the Naylor Act, the City had limited powers with respect to the zoning of the Zoeter School site. Mr. Stepanicich reported that in analyzing the I Initiative it was concluded that the Initiative attempts to - designate the Zoeter site as parkland in perpetuity, which would conflict with Section 65852.9(b) of the Government Code, and that the repo~~ sets forth the State statute and explains the reasons why there is a direct conflict between Section 1 of Article III of the Initiative and State law. The City Attorney referred to provisions of State law where, historically, the State has controlled the use of school property, and noted several court decisions that have clearly defined those laws. He explained that upon the adoption of the Naylor Act, cities were provided the right to acquire a portion of surplus school property for twenty- five percent of the fair market value of that property, and further, effective January, 1986 a statute was added which places limitations on how a city may zone surplus school property. Mr. Stepanicich advised that the amendment provides that a city or county having zoning powee over a surplus school property, upon the request of the school district, is required to zone that property consistent with provisions of applicable general and specific plans, and more importantly, the zoning must be compatible with th~ uses of surrounding property. In addition, the school property, even though publicly owned, must be treated in the same manner as private property, and further, in no case may a city or county rezone the site for open space, park, or I recreation unless the adjacent property carries the same zoning. Mr. Stepanicich ~ointed out that when looking at the Zoeter site one must then look at the zoning of the adjacent properties, none of which are zoned for open space, park, or recreation purposes, where in fact the adjacent zoning is high density residential and general commercial, therefore the City is required to zone the school property for compatible use. He clarified that under the statute the school district has the right to apply to the City for rezoning, with the City obligated to treat such application in the same manner as an application from any other private property owner and process the application pursuant to the requirements set forth within the State statute. He pointed out that California law is clear in that the right of initiative is no greater than the power of the City Council, and that all requirements of State law that apply to the City would likewise apply to any voter initiated legislation. In response to concern expressed that the initiative provision dealing with the Zoeter site, if approved, would require the City to purchase the remainder of the site even though such action could be financially detrimental to the City, the City Attorney advised that pursuant to the wording I of the State statute, the Zoeter provision of the initiative would be unenforceable as it would be in direct conflict with State law which obligates the City to zone surplus school property in a manner compatible with surrounding uses, and prohibits open space and park zoning when the surrounding properties are not so zoned. He explained that a judicial determination would be necessary to set aside the Zoeter provision of the initiative, an action that would most likely be initiated by the school District, and the City required to defend the action. Mr. Stepanicich also 2-23-B7 I responded that although the initiative does include a savings clause, it would be within the jurisdication of a court to determine whether or not the provision relating to the Zoeter site was an integral part of the entire ordinance, it is therefore possible that the remaining provisions could be determined to be in effect. The City Attorney pointed out that their opinion, as requested by the Council, was directed solely to that portion of the initiative relating to the Zoeter site, and that no review or opinion had been rendered as to whether or not any other provision of the. initiative posed a legal question. Again with regard to zoning, the City Attorney noted that the agreement between the City and the District to purchase a portion of the Zoeter site was with the understanding that the School District, the property owner, would be applying for rezoning of Parcel A, as it is allowed to do under the Government Code, therefore the City could not now claim that the portion being acquired under lease/purchase would be considered open space or park land for the purpose of rezoning, therefore the zoning of the land surrounding. the entire site would be the determining zoning. I REPORT - ORANGE COUNTY TRANSPORTATION COMMISSION - PROPOSED FREEWAY AUTHORITY The City Manager presented an update report regarding the Orange County Transportation Commission's proposal to form an Orange County Freeway Authority to be funded by p~operty taxes presently allocated to cities, the county, schools and special districts, and reported the anticipated annual cost to Seal Beach would be $51,000. Mr. Nelson noted the Council's adopted position in opposition to OCTC proposal and the use of property tax revenues to finance improvements to existing freeways, with a recommendation that a task force be formed to explore other options and alternatives. He reported, however, that the OCTC has prepared a request for proposal for consultant services to conduct an economic study of the Freeway Authority financing plan, including justification to redistribute existing prope~ty tax revenues, without mention of other options and alternatives. It was noted by Council that a resolution would be forthcoming at the next League Division meeting regarding the OCTC proposal. Hunt moved, second by Wilson, to authorize the Mayor to communicate to the Orange County Transportation Commission that the City Council's position remains in opposition to the creation of a Freeway Authority which would use existing property tax revenues or property tax increment to finance improvements to existing freeways, and to offer assistance to the OCTC in finding alternative new revenues needed to address freeway and other transportation needs of Orange County. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I , The City Manager introduced Mr. Jeff Aal, a Long Beach State student serving as an intern in the City Manager's office for the purpose of work performance evaluation. ZOETER STATUS REPORT The City Manager reported discussions are continuing with two prospective developers for Parcel A of the Zoeter School site, one developer having dropped out of ~he process, and advised that several items relating to the negotiations for Parcel A would be the subject of discussion in Closed Session. 2-23-87 CITY COUNCIL ITEMS Councilmember Wilson stated that after review of the incremental landscaping requirements for established shopping centers, she has been made aware of the concerns of the affected centers with the ten percent landscaping requirement that is presently in effect. She expressed her understanding of the need to asthetically improve the shopping areas, however stated she did not feel it would be economically or realistically feasible to implement current I landscape requirements in the older shopping centers. Mrs. Wilson requested that the staff study and provide further information regarding this matter for the next agenda, taking into consideration deletion of the current ten percent requirement or a reduction to possibly seven percent. Councilmember Risner noted recent public reference to existing eucalyptus trees in the community, specifcially the Gum Grove Park and along a northerly section of Seal Beach Boulevard, and requested that the staff look into a means of designating for preservation certain historic trees and windrows, with a report forthcoming to the Council. Mrs. Risner also referred to the noticed Environmental Quality Control Board meeting scheduled for the following evening for the purpose of initiating discussions regarding the first phase of preparation of the environmental documents relating to the proposed Mola development of the Hellman property, suggesting that that meeting be held over for additional public notice. Mayor Clift expressed considerable concern with a recent news article, and reproduced map, which reported a proposal for realignment of Lampson Avenue from Heather Park in College Park East, cutting in half the existing Old Ranch I golf course, and intersecting Seal Beach Boulevard at St. Cloud Drive, which he stated was incorrect and misleading to the residents of the community. Mayor Clift explained that at a public meeting held this past year involving residents of College Park East, Rossmoor, and the Bixby Ranch Company, there was considerable discussion of future development plans by the Bixby Ranch Company in this particular area, and at that time it was suggested that in return for no development on the northerly side of Lampson Avenue, that area to remain as it presently exists, the Bixby Company would conceptually want some development on the thin strip of their land on the southerly side of Lampson Avenue, clarifying that no such plan has been formally proposed to date. Mr. Clift stated that realignment of Lampson as shown on the published map was never a consideration, however noted that minor realignment of Lampson Avenue, as had been discussed at that meeting, might in fact, improve traffic movement and possibly eliminate one traffic signal. Mayor Clift again stated that the publication was in error and misleading to the reading public. ORAL COMMUNICATIONS There were no Oral Communications from the audience. CLOSED SESSION I The City Attorney reported the Council would meet in Closed Session to discuss pending litigation pursuant to Government Code Section 54956.9(b) and (c), and personnel matters. The Council adjourned to Closed Session at 9:02 p.m. The Council reconvened at 11:29 p.m. with Mayor Clift calling the meeting to order. The City Attorney reported the Council had discussed the items previously reported, and had given further direction to the City's negotiators regarding Parcel A of the Zoeter School site. , 2-23-87 / 3-9-87 ADJOURNMENT Grgas moved, 11:30 p.m. AYES: NOES: second by Risner, to adjourn the meeting at Clift, Grgas, Hunt, Risner, Wilson None Motion carried I and ex-of City Council Approved: Attest: Seal Beach, California March 9, 1987 I The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Clift calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Clift Councilmembers Grgas, Hunt, Risner, Wilson Absent: None Also present: Mr. Joseph, Assistant City Manager Mr. Stepanicich, City Attorney Chief Picascia, Police Department Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Hunt, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried PROCLAMATION Mayor Clift proclaimed the month of March, 1987 as "Red Cross Month." Ms. Joan Elliott, volunteer, accepted the proclamation on behalf of the American Red Cross, Orange County Chapter. PROPOSED RESOLUTION - SUPPORTING ASSEMBLY BILL 441 - FINANCING UNDERGROUNDING OF UTILITY DISTRIBUTION FACILITIES A proposed Resolution "SUPPORTING ASSEMBLY BILL 441 (WRIGHT) WHICH REQUIRES THE PUBLIC UTILITIES COMMISSION TO ESTABLISH